Terms and Conditions | Truefire Defense (updated 2/7/23)
These Terms & Conditions (this “Agreement”) apply to your access and/or use of the Truefire Defense live streams, teachings, training courses, courses, videos, websites, mobile sites, platforms and applications (collectively, the “Sites”) and the training services, courses, live streams, content, features, subscriptions, trainings, trainer lessons, streams, blogs, application use, as downloaded from an app store, and services (collectively the “Services”). “We”, “Truefire Defense”, “Company” mean Truefire Defense company located at 7100 N. Broadway, 6-PPH, Denver, CO 80221, United States, being this company (“Truefire Defense”) that is providing the Services to you. The terms “User” and “you” mean any user of the Services, whether company, manager, learner/trainee, and affiliate.
For clarity, these Terms and Conditions apply to your download, streaming, access and/or use of the Services, whether in person or on a personal computer, on a mobile device, on our website, or any other website. If you do not agree to these terms or any future updated version of them then you must NOT use, and must cease all use of any of Our Services. If any future update to these terms require a click to accept, then you may not be able to continue to use the Services until you have clicked to accept the updated terms.
These terms represent a legal agreement between You and Truefire Defense, Inc., having an address of 7100 N. Broadway, 6-PPH, Denver, CO 80221, United States. NOTICE: This Agreement may be subject to binding arbitration and a waiver of class action rights as detailed herein.
Additionally, the Services may be made available via the “app store” or another platform that is downloaded (such as the Apple App Store, Google Play Store, Amazon App Store, the Windows Phone Store), on any website or platform where you can potentially download. You agree that by accessing and/or using our Services, you are agreeing to these Terms and Conditions.
Payment Terms:
By selecting and utilizing any of our plans, you agree to be bound by the following payment terms. You acknowledge and agree that you are responsible for the payment of the full term of your selected plan. The full term of your chosen plan requires payment for the specified number of installments, even in the event you choose to no longer utilize our services. For example, if you select a 12-month plan, you are responsible for making all 12 installments. Failure to complete the required payments may result in the suspension or termination of your services by the Company.
Month to Month Cancellation:
Any cancellation of a Month to Month plan requires a 30-day written notice to TrueFire Defense. Notice may be emailed to [email protected] . Any cancellation of a Month to Month membership will also require a final monthly membership payment. For example, if a customer is currently billed on the 1st of each month and submits a cancellation notice on April 1, their April 1st monthly billing will run as normal, and a final membership fee will run on May 1st to complete their agreement. The customer will continue to have access to TrueFire Defense services through the end of May, by this example.
Refund Policy:
All monthly fees already paid are non-refundable. Once a payment has been made for a specific month, no refunds or credits will be issued for that particular payment. In the event of early termination or cancellation of the plan, you will not be entitled to any refunds or waiver of responsibility for the remaining term of your membership.
Payment Method:
You are responsible for providing accurate and up-to-date payment information. By providing your payment details, you authorize us to charge the applicable fees to the provided payment method.
Late Payments:
Late payments may incur additional charges or penalties as specified in our payment policy. Failure to make timely payments may result in the suspension or termination of your services. Any outstanding balances will continue to accrue until paid in full.
Disputes:
In the event of any billing disputes or discrepancies, please contact our customer support within 30 days of the disputed charge. Failure to notify us within this timeframe will be considered as an acceptance of the charge.
Modifications to Payment Terms:
We reserve the right to modify the payment terms, including fees and payment schedules, with prior notice. Any modifications will be communicated to you via email or through our website. Continued use of the services after such modifications constitutes your acceptance of the updated payment terms.
Governing Law:
These terms and conditions shall be governed by and construed in accordance with the laws of Colorado. Any disputes arising out of or related to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of Colorado.
By proceeding with the selection, purchase, and/or utilization of any of our plans, you acknowledge that you have read, understood, and agreed to these terms and conditions.
You agree that you are at least 13 years of age and/or that you are only providing the Services to employees and/or affiliates that are at least 13 years of age. You agree that if you, or any of those you are sharing the Services with are between the ages of 13 years of age and 18 years of age, a legal parent or guardian has reviewed and agrees to these Terms and Conditions and is happy for You to access and/or use our Services.
We reserve the right to make changes to these Terms and Conditions at any time in accordance with those Terms herein. Your continued use of our Services after the Terms and Conditions have been updated shall confirm your acceptance of the updated Terms and Conditions.
A User redeeming a Ticket (as further defined herein) agrees not to provide any personal information, and agrees to use anonymous names/identifiers (“Pseudonyms”) for course entry.
Any Reseller, or entity accessing and reselling the Services, agrees to indemnify Us for any actions which may bring about a legal proceeding.
- Account
Your account with TrueFire Defense, as created through our website or other channels (“Account”), and via use of a login feature, in order to use the Services, is your account but this information is Personal Information for the purposes of information. Please see Privacy Policy for information about how your Personal Information is used. When registering for an Account, you must provide true, accurate, current, and complete data about yourself on the account creation page. You also agree to promptly update your personal information for completeness and accuracy. You are solely responsible for maintaining the confidentiality of your Account and the information in your Account, and, except as otherwise required by applicable law, you are solely responsible for all use of your Account, whether or not authorized by you. You agree to immediately notify TrueFire Defense of any unauthorized use of your Account or any other breach of security related to your use of the Services.
You also agree that you may be issued a login credential. This login credential does not require any personal information to be shared with Truefire Defense. You acknowledge and agree that when using the login credential, you will be the only individual to use the login credential. Any sharing of a login credential is unauthorized. In other words, you agree and acknowledge that you will not use a single seat for multiple individuals and will not abuse the training services that are being provided to you by allowing access to additional individuals beyond the seats purchased. Any use is unauthorized and constitutes a breach of contract of this agreement and a breach of contract of the purchase agreement and potentially other agreements between You and TrueFire Defense.
- Communications
By using our Sites and Services, You agree that TrueFire Defense may communicate with you via telephone, electronic messages, including email, text message/SMS, or mobile push notifications in accordance with our Privacy Policy. You are responsible for all mobile carrier data or text message charges resulting from your use of the Services, including from any notifications provided by the Services. In order to use the text message based services, you must maintain an active account with a carrier of electronic communications through mobile devices and you may not use a prepaid cellular phone to access such text message services. TrueFire Defense does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers.
- Updates to Terms and Conditions & Services
TrueFire Defense reserves the right to modify these Terms and Conditions from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Sites and/or Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with any and all changes to the Terms and Conditions.
Truefire Defense reserves the right to modify the Services being provided from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Sites and/or Services. If you object to any such changes, your sole recourse shall be to cease using the Services. Continued use of the Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with and and all changes to the Services.
- Intellectual Property
The features, information, and materials provided through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All recordings, text, graphical content, video, data, videos and/or streaming content, and other content made available through the Services (collectively, the “TrueFire Defense Content”, or simply “Content”) are provided to the User by TrueFire Defense, or its partners or licensees solely to support User’s permitted use of the Services. The Truefire Defense Content may be modified from time to time by Truefire Defense in its sole discretion. User agrees and acknowledges that older forms of the Content may be removed and/or modified from time to time and, as such, may not be available to a User on an ongoing basis. Users may request older material be provided, but User acknowledges that older materials may not be available if removed. TrueFire Defense makes no warranties that information will remain available on an ongoing basis.
Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Truefire Defense Content by User shall constitute a material breach of this Agreement. TrueFire Defense and its partners or licensees retain all rights in the Services and TrueFire Defense Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of TrueFire Defense or any third party is granted under this Agreement.
- Restrictions & Termination
The Services and Truefire Defense Content are offered solely for the User’s personal use for the purposes described in this Agreement. Any and all other uses are prohibited. TrueFire Defense expressly reserves all its rights and remedies under applicable laws. Truefire Defense reserves the right, in its sole discretion, to refuse service, terminate Accounts, remove or edit content, cancel reservations, or deny access to the Services. TrueFire Defense may suspend your ability to use all or any element of the Services or may terminate this Agreement effective immediately, without notice or explanation. Without limiting the foregoing, Truefire Defense may suspend your access to the Services if We believe you to be in violation of any part of this Agreement. After any suspension or termination, You may or may not be granted permission to use the Services or re-establish an Account, and, where applicable, you may lose access to and be unable to use any of the Services. You agree that TrueFire Defense shall not be liable to you for any termination of this Agreement or for any effects of any termination of this Agreement.
You must make any cancellation requests, by paid registrants, at least 45 days before the event and/or associated Services to be provided. In the event of course cancellation by the trainer, students may choose to attend an alternate course (space pending) or receive a full refund. Truefire Defense and its Trainers reserve the right to refuse Services and registration to anyone, for any reason. In the event that any of the Services are refused for a particular registration, the participants will be refunded the full amount, so long as the Services are not refused for a violation of this or any other Agreement. Any refunds may be subject to an additional administrative fee.
- Content
During use of the Services You may submit, transmit, post or otherwise provide content, including, but not limited to names, addresses, information, reviews, comments, ratings, photos, images, videos, sounds, text, data, links and location information; send emails and other communications; and submit suggestions, ideas, comments, questions, or other information (“User Content”). We advise the User not to share any personal information and even suggest aliases in the teaching setting.
Any such User Content must not be illegal, threatening, obscene, racist, defamatory, libelous, pornographic, infringing of intellectual property rights, promoting of illegal activity or harm to groups and/or individuals, invasive of a third party’s publicity or privacy rights, purposely false or otherwise injurious to third parties, or objectionable and must not consist of or contain software, computer viruses, commercial solicitation, political campaigning, chain letters, mass mailings, any form of “spam” or references to illegal activity, malpractice, purposeful overcharging, false advertising, or health code violations.
Your User Content should be unbiased and objective. You may not submit reviews, comments or ratings for which You are being compensated in any manner, or for your own training services, or of your employer, friend, relative or a competitor. You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of User Content. The name or handle you choose to provide to Truefire Defense may be displayed publicly with such User Content. Truefire Defense reserves the right (but has no obligation) to monitor, remove, or edit User Content in Our sole discretion, including if User Content violates this Agreement (including any Truefire Defense Policies), but you acknowledge that Truefire Defense may not regularly review submitted User Content. If you do submit User Content, and unless we indicate otherwise, you grant Truefire Defense a nonexclusive, perpetual, royalty-free, irrevocable, and fully sublicensable (through multiple tiers, partners and other third party websites and feeds) right to use, modify, reproduce, adapt, translate, publish, create derivative works from, distribute, display, and otherwise exploit such User Content throughout the world in any media, and, where applicable, you hereby waive any privacy or publicity rights or any similar rights in an individual’s name or likeness in addition to any moral or other rights you may have in the User Content you submit in favor of Truefire Defense.
You represent that you own, or have the necessary permissions to use and authorize the use of User Content as described herein. Truefire Defense takes no responsibility and assumes no liability for any User Content submitted by you or any other User or third party, nor do we guarantee any confidentiality with respect to User Content.
- Representations and Warranties
You represent and warrant that You own or otherwise control all of the rights to any User Content submitted by You and/or your affiliates; that all User Content submitted by you is accurate; and that exploitation of such User Content by TrueFire Defense and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity). You will indemnify, hold harmless, and (at TrueFire Defense’s request) defend TrueFire Defense, its affiliates, and its and their representatives, agents, directors, managers, officers, employees, and shareholders (collectively, the “TrueFire Defense Parties”) from and against all claims resulting from (1) any User Content submitted by you, (2) your use of the Services, or (3) any breach or alleged breach by you of this Agreement.
- Representations and Warranties
EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL TrueFire Defense BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS AGREEMENT (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE TrueFire Defense SITES, SERVICES, THE TrueFire Defense CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR (4) OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY OPERATIONS, TRAINING, USE IN CONNECTION WITH THE SERVICES.
IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE TrueFire Defense SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE TrueFire Defense CONTENT. TrueFire Defense IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY PROVIDER FOR WHICH A USER HAS MADE A RESERVATION, CLAIMED AN OFFER OR PROMOTION, OR PAID A BILL USING THE PAYMENT SERVICES OR ANY MERCHANT THAT ISSUES A MERCHANT GIFT CARD. YOU UNDERSTAND THAT USE OF THE SERVICES IS AT YOUR OWN RISK AND TrueFire Defense CANNOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE SERVICES, ALL Truefire Defense CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, ARE PROVIDED TO USER ON AN “AS IS” BASIS AND WITHOUT WARRANTY OF ANY KIND.
TrueFire Defense EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE , TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE.
TrueFire Defense DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT KNOW WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS.
Truefire Defense SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF TrueFire Defense.
For residents in the United States: WE SHALL NOT BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM POSSESSION, USE, OR MALFUNCTION, OR ANY OF OUR OTHER SERVICES, INCLUDING DAMAGES TO PROPERTY, COMPUTER FAILURE OR MALFUNCTION AND, TO THE EXTENT PERMITTED BY LAW, DAMAGES FOR PERSONAL INJURIES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. IN NO EVENT SHALL OUR LIABILITY EXCEED THE ACTUAL PRICE PAID BY YOU (IF ANY) FOR THE LICENSE TO USE VIRTUAL GOODS OR VIRTUAL MONEY OR SERVICES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS AND/OR THE EXCLUSION OR LIMITATION OF DAMAGES, SO THE ABOVE LIMITATIONS AND/OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION.
For residents outside the United States: We are not responsible for:
- losses or harm not caused by our breach of these terms or negligence;
- losses or harm which are not reasonably foreseeable by you and us at the time of you agreeing to these terms and conditions including those losses which happen as a side effect of foreseeable losses. This could include loss of data, loss of opportunity, service interruption, computer or other device failure or financial loss;
- any damage that may be caused to any device on which you access or use any of our Services that is caused in any way by our Services unless that damage is directly caused by our failure to exercise reasonable skill and care in the provision of the applicable Services;
- any increase in loss or damage resulting from breach by you of any of these terms and conditions; or
- technical failures or the lack of availability of any of our Services where these are not within our reasonable control.
- For any losses or harm in any period of twelve months, we will only be responsible for losses or harm which are a reasonably foreseeable consequence of our negligence or breach of these terms and conditions up to the value of the amount that you have paid to us in the 100 day period ending on the date of your claim. Losses and harm are foreseeable only where they could be contemplated by you and us at the time of you agreeing to these terms and conditions.
Subject to the paragraph below and unless otherwise specified in these Terms, we do not give any warranty, express or implied, in relation to our Services and you acknowledge that your only right with respect to any problems or dissatisfaction with any of our Services is to discontinue your use of our Services.
Any additional legal rights which you may have as a consumer remain unaffected by these terms.
- Third Parties
The Services may contain links to websites and applications operated by parties other than Truefire Defense. Furthermore, there may be merchants and/or streaming services and/or training providers operated by parties other than Truefire Defense. Such links and locations are provided for User’s reference only, and Truefire Defense does not control such websites and is not responsible for their content. Truefire Defense’s inclusion of any links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators.
Truefire Defense assumes no liability whatsoever for any such third-party websites, applications or any content, features, products, or services made available through such third-party websites or applications. Additionally, Apple Inc., Google, Inc., Microsoft Corporation or another provider will be a third-party beneficiary to this contract if you access the Services using applications developed for Apple iOS, Android, Microsoft Windows, or alternatively powered mobile devices, respectively. These third party beneficiaries are not parties to this contract and are not responsible for the provision or support of the Services in any manner. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary's terms of service, including any license transferability and other usage rules therein.
Truefire Defense occasionally works with third party trainers, when these trainers meet the highest standards set by Us. Under these circumstances, know that Truefire Defense is unable to control third parties. Truefire Defense is unable to offer any guarantees, warranties, or the like with respect to third party services and or the handling of data by third parties.
- Third Parties
If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
- Assignment
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Truefire Defense.
- Waiver
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
- Purchases
Purchasing any subscription, training, course, product, or service made available by Truefire Defense (“Purchase”), may require you to provide certain information relevant to your Purchase, including, but not limited to, credit card information, billing address, shipping address, name, and account information.
When purchasing from Truefire Defense, You represent and warrant that: (1) You have the legal right to make a Purchase and/or enter into an Agreement with Truefire Defense for services in connection with any Purchase; and (2) that the information You provide is accurate and complete.
Services of Truefire Defense may employ the use of third party services for the purpose of facilitating payment and the completion of Services and or transactions. By submitting your information, You grant Us the right to provide the information to any third parties, subject to Our Privacy Policy.
We reserve the right to refuse and/or cancel your order at any time for reasons including, but not limited to: product or service availability, errors in the description or price of the product or service, errors in the order, or for any other reasons. Additionally, we reserve the right to refuse and/or cancel your order if fraud or unauthorized or illegal transaction or streaming abuse or other product abuse is suspected or the terms of this Agreement are violated in any way.
In the event of a single class and/or live class purchase (an “A La Carte”) purchase, the User agrees and acknowledges that You will have access to the course during the live class only. You agree and acknowledge that A La Carte purchases are not Subscription purchases and are not accessible for a full 365 days, but only during the live course, or in the alternative once the course is first accessed. All courses purchased must be used within 60 days of purchase and no refunds will be provided for courses not attended.
PRICING ACCURACY
While we work hard to keep our product and service offerings updated to provide the most accurate and best information, We are frequently updating our products and service offerings. The products and services available may be mispriced, described inaccurately, or unavailable, and/or we may experience delays in updating information on the Services and/or in our advertising. You expressly agree that any such offer of a product and/or service does not constitute a legal offer capable of attracting legal consequences.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, products, specifications, availability, and/or services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
If We do not receive payment from your credit card provider or if your credit card expires or is rejected, you agree to pay all amounts due upon demand. Following any such non-payment, we may require you to provide a second valid credit card before continuing to use the Services. You authorize us to charge outstanding fees and other amounts due to Us against any credit card you have on file with us. We reserve the right to take all steps necessary to collect amounts due from you, including but not limited to legal action and/or using third party collection agencies.
If your account is more than 30 days past due, and is forwarded to a collection agency, you will additionally be liable for any recovery fees charged by the agency. You are solely responsible for any and all fees charged to your credit card by the issuer, bank, or financial institution, including, but not limited to, membership, overdraft, insufficient funds, and over the credit limit fees. You agree to notify us about any billing problems or discrepancies within 90 days after they first appear on your credit card statement. If you do not bring them to our attention within 90 days, you agree that you waive your right to dispute such problems or discrepancies. We may modify the price, content, or nature of the Services at any time. At our sole discretion, we may grandfather in the prices of certain members based on factors such as sign up date and good standing. We will notify members receiving such grandfathered rates prior to the implementation of any price change. If We modify any of the foregoing terms, you may cancel your membership, and such cancellation shall be your sole remedy. We may provide notice of any such changes by email, notice to you upon log-in, or by publishing them on Our website.
- Promotions
Any discounts, contests, sweepstakes or other promotions (“Promotions”) made available through our Services may be governed by rules that are separate from the terms of this Agreement. If you participate in any Promotions, please review the applicable rules as well as the terms of this Agreement and the terms of our Privacy Policy. If the rules of Promotions conflict with the terms of this Agreement, then the rules of the Promotion apply. The terms of this Agreement are independent of the terms of any Promotions agreement.
Any promotions offered by third party merchants and/or offered by farmer’s markets and/or offered by pick-up locations can not be guaranteed or validated by TrueFire Defense. These promotions are the exclusive promotions of the third-party and are not promotions of TrueFire Defense.
Assumption of the Risk and Waiver of Liability Relating to Coronavirus/COVID-19
The novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact. As a result, federal, state, and local governments and federal and state health agencies recommend social distancing and have, in many locations, prohibited the congregation of groups of people.
TrueFire Defense (“the Company”) has put in place preventative measures to reduce the spread of COVID-19; however, the Company cannot guarantee that you or your child(ren) will not become infected with COVID-19, or any other disease or illness for that matter. Further, attending any Company events or programs could increase your risk and your child(ren)’s risk of contracting COVID-19.
By signing this agreement, I acknowledge the contagious nature of COVID-19 and voluntarily assume the risk that my child(ren) and I may be exposed to or infected by COVID-19 by attending programs and activities offered by the Company and that such exposure or infection may result in personal injury, illness, permanent disability, and death. I understand that the risk of becoming exposed to or infected by COVID-19 by attending programs and activities offered by the Company may result from the actions, omissions, or negligence of myself and others, including, but not limited to, Company employees, volunteers, and program participants and their families. I voluntarily agree to assume all of the foregoing risks and accept sole responsibility for any injury to my child(ren) or myself (including, but not limited to, personal injury, disability, and death), illness, damage, loss, claim, liability, or expense, of any kind, that I or my child(ren) may experience or incur in connection with my child(ren)’s attendance at the Company or participation in Company programming (“Claims”).
HOLD HARMLESS AND AGREEMENT TO WAIVE LEGAL ACTION
I hereby release, covenant not to sue, discharge, and hold harmless the Company, its employees, agents, and representatives, of and from the Claims, including all liabilities, claims, actions, damages, costs or expenses of any kind arising out of or relating thereto. I also understand and agree that this release includes any Claims based on the actions, omissions, or negligence of the Company, its employees, agents, and representatives. This Hold Harmless and Agreement to Waive Legal Action also applies to COVID-19, whether a COVID-19 infection occurs before, during, or after participation in any Company program.